Hardcastle v Santos Limited

District Court

New South Wales

Medium Neutral Citation:	Hardcastle v Santos Limited [2017] NSWDC 137
Hearing dates:	18 and 19 May 2017
Date of orders:	19 May 2017
Decision date:	19 May 2017
Jurisdiction:	Civil
Before:	P Taylor SC DCJ
Decision:	(1)   Defendants’ notice of motion filed 21 February 2017 granted. (2) The Second Amended Statement of Claim be struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 on the basis that no reasonable cause of action is disclosed. (3)   Order the plaintiff to pay the defendants’ costs of the proceedings. (4)   Grant liberty to the defendants to make any application in respect of a special costs order within seven days by notice to the plaintiff and my associate.
Catchwords:	PRACTICE AND PROCEDURE – nuisance – misleading and deceptive conduct - application to strike out – summary dismissal – non-compliance with a court order – no reasonable cause of action disclosed
Cases Cited:	Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Gold and Copper Resources Pty Ltd v Newcrest Operations Ltd [2013] NSWSC 28 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 Watson v Foxman (1995) 49 NSWLR 315
Category:	Procedural and other rulings
Parties:	Philip Julian Hardcastle (plaintiff) Santos Limited (first defendant) Santos NSW Pty Ltd (second defendant)
Representation:	Counsel: Mr T Bagley (defendants)   Solicitors: Santos GLNG (defendants)
File Number(s):	2014/338782
Publication restriction:	None

Judgment

1. Philip Hardcastle, who is self‑represented, owns rural land adjacent to land on which is located, close to the common boundary, a small gas‑fuelled power station.  The power station existed prior to the purchase by Mr Hardcastle in about June 2005, although it is unclear whether and to what extent it has physically changed since that time.  Mr Hardcastle sues Santos Limited (“Santos”) and Santos NSW Pty Ltd, a company previously known as Eastern Star Gas Limited ("ESG") that was purchased by Santos in 2011.

2. Mr Hardcastle's complaints can be listed as follows:

1. Misleading statements by a former executive of ESG to Mr Hardcastle in 2005 that:

1. the power station was exempted from noise controls in operating an approved 12‑megawatt power station; and

2. Mr Hardcastle would be kept informed of proposals regarding the power station.

2. Misleading statements by ESG to the Department of Planning:

1. to the same effect as in (1)(a) above in an application by ESG for an upgrade of the power station to 40‑megawatts; and

2. as to the likely location of any dwelling to be constructed by Mr Hardcastle on his land.

3. Unconscionable conduct by ESG in failing to build a noise‑dampening wall, at a cost of approximately $400,000 to $500,000, along Mr Hardcastle's southern boundary to protect him from the noise from the power station.

4. An actionable nuisance arising from noise in excess of 35 decibels onto Mr Hardcastle's "homesite" on his land near…